IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


1.0 


I.I 


1.25 


■-1^    12.5 

^  ^  IIIM 


1.4 


1.6 


V] 


% 


A 


/J 


''^^    o^ 


<r  ^  <=#  ^-^ 


V 


7 


# 


Photographic 

Sciences 
Corporation 


23  WEST  H.h,m  STRffT 

WEBSTER,  N.Y.  M&oC 

(716)  872-4503 


:w 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/iC^H 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  at  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


□    Coloured  covers/ 
Couverture  de  couleur 

□    Covers  damaged/ 
Couverture  endommagee 

n    Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pellicul6e 


n 


Cover  title  missing/ 

Le  titre  de  couverture  manque 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  it6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  una 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiqu^s  ci-dessous. 


I      I    Coloured  pages/ 


Thai 
toth 


Pages  de  couleur 


□    Pages  damaged/ 
Pages  endommag^es 


D 


/ 


Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pellicul6es 

Pages  discoloured,  stained  or  foxed/ 
Pages  d^color^es,  tachetdes  ou  piqu^es 


The  i 

post 

ofth 

filmi 

Orig 

begi 

thai 

■ion 

otha 

first 

sion 

or  ill 

D 
D 
D 
D 
D 


n 


Coloured  maps/ 

Cartes  gdographiques  en  couleur 

Coloured  init  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noirel 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relid  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  loaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 


D 


y 


□ 


D 


Pages  detached/ 
Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Quality  in^gale  de  I'lmpression 

Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 


□    Only  edition  available/ 
Seule  Edition  disponible 


The 
shall 
TINl 
whi< 

Map 
difff 
ontii 
begi 
right 
raqu 
metl 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6X6  filmdes  6  nouveau  de  faqon  d 
obtenir  la  meilleure  image  possible. 


D 


Additional  comments:/ 
Commentaires  suppl6mentaires; 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  documunt  est  filmd  au  taux  de  reduction  indiqud  ci-dessous. 

10X  14X  V6X  22X 


26X 


30X 


12X 


16X 


20X 


24X 


28X 


32X 


ails 

du 

tdifier 

une 

nage 


Tha  copy  filmad  h«r«  has  baan  raproducad  thanks 
to  tha  ganarosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Tha  linagas  appaaring  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  laglbility 
of  tha  original  copy  and  in  Itaaping  with  tha 
filming  contract  spacifications. 


L'axamplaira  film*  fut  raproduit  grica  A  la 
gtnArosIti  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Las  Imagas  suivantas  ont  At*  raproduitas  avac  la 
plus  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axamplaira  film*,  at  un 
conformit*  avac  las  conditions  du  contrat  da 
filmaga. 


Original  copias  in  printad  papar  covars  ara  filmed 
beginning  with  tha  front  sovar  and  ending  on 
tha  last  page  with  a  printad  or  illustrated  impres- 
sion, or  the  bacit  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  •^  (meaning  "CON- 
TINUED ").  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  exemplairas  originaux  dont  la  couverture  en 
papier  est  imprim*e  sont  film*s  en  commenpant 
par  la  premier  plat  at  an  terminant  soit  par  la 
darni*re  page  qui  comporta  une  empreinte 
d'impression  ou  d'illustration,  soit  par  la  second 
plat,  salon  la  cas.  Tous  les  autras  exemplairas 
originaux  sont  film*s  en  commen^ant  par  la 
premi*re  page  qui  comporta  une  empreinte 
d'impression  ou  d'illustration  at  en  terminant  par 
la  derni*re  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
darni*re  image  de  chaque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  *tre 
film*s  *  des  taux  de  r*duction  diff*rents. 
Lorsque  le  document  est  trop  grand  pour  *tra 
reproduit  en  un  seul  clich*,  il  est  film*  *  partir 
de  Tangle  sup*rieur  gauche,  de  gauche  *  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n*cessaire.  Les  diagrammes  suivants 
illustrent  la  m*thode. 


rrata 
:o 


pelure. 


D 


32X 


1 

2 

3 

1 

2 

3 

4 

5 

6 

^f 


H 


IJ 


SPEECH 


or 


HON.  E.  S.  DARCtAN,  OF  ALABAMA, 


OK 


THE    OREGON    QUESTION. 


DELIVERED 


IN  THE  HOUSE  OF  REPRESi"NTATIVES,  THURSDAY,  FEBRUARY  5,  1846. 


i 


WASHINGTON: 

BLAIR  &  RIVES,  PRINTERS. 

1846. 


THE  OREGON  QUESTION. 


? 


The  Resolution  from  xhe  Oommittee  on  Foreifjn 
Affairs,  requiring  the  President  to  notify  Urtiit 
Britain  of  the  intention  of  tlie  United  States  to 
terminate  the  joint  occupaney  of  Oreijon,  and  to 
abro-jate  the  convention  of  IH'27,  hcinj;  under 
consideration  in  Committee  of  the  Whole — 

Mr.  DARGAN  obtained  the  floor,  and  spoke  as 
follows; 

Mr.  Chairman:  When  I  took  my  seat  in  this 
House,  it  was  with  the  resolution  that  my  voice 
should  not  he  iieard  in  it  on  any  question  of  de- 
bate. I  now  depart  from  that  co\use  which  I  had 
marked  out  for  myself;  but  I  will  render  no  apolo- 
gy fur  it,  save  only,  that  my  views  on  the  question 
under  debate  .s<;em,  to  me  at  least,  to  be  peculiar. 
I  have  listened  to  the  debate  with  attention,  and 
regret  that  I  cannot  agrc<.'  with  those  who  o]iposed 
the  notice  on  the  one  hand,  nor  with  those  who 
urge  the  adoption  of  the  particular  resolution  now 
under  discussion.  I  believe  a  notice  of  some  kind 
should  be  given;  for  if  we  fail  to  give  notice  in  some 
form,  or  of  some  character,  I  will  ask,  what  will  be 
the  consequence?  Sup]iose  the  dithculties  be  not 
cettlcd  i)y  negotiation,  and  notice  to  determine  tiie 
convention  be  not  given:  will  not  the  question  of 
notice  become  a  political  hobby?  Will  not  the 
American  people  be  taught  to  believe  the  whole  ot" 
Oregon  is  ours?  and  that  those  who  oppose  the 
notice  are  afraid  to  assert  their  rights  to  tliat  which 
is  clearly  their  own?  Mr.  <'hairman,  it  would, 
like  a  tornado,  sweep  from  Maine  to  Louisiana, 
crushing  all  opposition  before  it.  I  therefore 
thought,  from  the  beginning  of  this  discussion,  that 
a  notice  in  some  shape,  or  in  some  form,  ought  to 
be  given.  If  we  ful  to  give  this  notice  but  lor  a 
year,  let  the  question  be  discussed  as  a  political 
one,  the  pulilic  mind  will  l)e  convinced  that  ", e 
own  the  territory  to  54°  40'  north  latitude;  and 
when  so  convinced,  they  will  be  roused  to  arms; 
and  war  must  decide  the  contest,  unless  England, 
perchance,  should  yield  up  to  us  all  we  dcm-ind. 
To  avoid  the  evils  of  war  is  my  wish,  and  I  think 
it  is  th(!  wish  of  my  constituents;  but  at  the  same 
time  neither  I  nor  they  would  yield  one  foot  of 
territory  clearly  and  indisputably  our  own.  This 
is  the  position  occupied  by  the  people  of  Alabama: 
claim  all  tiiat  is  clearly  our  own;  and  if  a  contest 
come  from  such  an  assertion  of  their  rights,  they 
will  maintain  and  det'end  thorn;  tnit  by  no  means 
assert  title  to  more  than  belongs  to  us.  I  am  not, 
Mr.  Chairman,  the  advocate  "of  the  British  title, 
nor  will  I  b«;  but  before  this  House  and  the  Ame  •- 
iuix\  people  [  will  declare  what  are  our  rights;  and 
although  high  functionaries  may  say  our  right  .s 


i. 


perfect  to  the  whole  territory,  I  will  give  JYiy  opin- 
ion as  to  their  extent.  And  if  we  now  will  inform 
the  American  people  of  the  extent  of  our  rights, 
and  claim  nothing  out  that  which  belongs  to  us,  the 
question  will  be  settled  without  a  conflict,  for 
England  will  admit  ti'    n. 

Let  us  claim  nothing  save  that  wliich  is  ours  ac- 
ci  iding  to  the  principles  of  justice  and  international 
law.  Here  we  can  maintain  our  claim.  The  ques- 
tion will  be  settled,  the  honor  of  the  nation  untar- 
nished, ant]  peace  preserved.  We  are  urged  to  pass 
the  resolution  in  its  simple,  unqualified  form;  but 
connected  as  it  must  be  with  the  positive  assertion 
of  the  President  that  the  whole  of  Oregon  is  ours 
up  to  54°  40',  it  v/ill  be  an  endorsement  of  that 
declaration  to  the  American  people.  Shall  we 
make  this  endorsement,  or  not?  If  we  do  it,  what 
will  be  the  consequence  ?  It  will  be  folly  to  believe 
that  anything  else  than  war  will  follow.  England 
is  in  possession  of  a  part  of  the  territory;  she  has 
men  and  arms  there;  she  claims  rights  there,  and 
has  rights  there.  And  although  I  will  not  ascribe 
to  her  more  courage  and  firmness  than  belong  to 
the  rest  of  the  human  family,  I  will  ask  gentlemen 
to  point  me  to  that  page  in  history  where  men  in 
possessicmof  their  rights,  with  arms  in  their  hands, 
have  yielded  them  upon  the  demand  of  another, 
unless  this  demand  is  based  on  admitted  right  and 
the  admitted  laws  of  nations.  No  people  will  ever 
do  it  until  forced  at  the  point  of  the  sword.  Now 
if  we  wish  to  settle  this  question  without  difficulty, 
without  bloodshed,  let  us  make  our  claim  to  that 
portion  of  the  territory  which  belongs  to  us;  let  us 
admit  the  question  as  one  of  negotiation  and  settle- 
ment. Let  us,  in  one  word,  declare  the  line  below 
which  Englantl  has  no  right,  and  below  which  we 
will  yield  her  n(»ne;  and  my  word  for  it,  there  will 
be  no  war  with  England  about  Oregon. 

This  brings  me  to  our  title.  It  is  said  we  have 
two  titles — one  by  discovery,  and  one  by  purchase 
from  Spain.  But  the  title  by  discovery  is  to  the 
valley  of  the  Columbia;  and  the  same  principles 
that  give  us  the  valley  of  the  Columbia,  give  the 
British  Government  title  to  the  country  drained  by 
Piazer's  river.  If,  therefore,  the  title  of  both  Gov- 
ernments depended  on  discovery,  both  Govern- 
ments have  rights.  It  is  pretty  well  admitted  on 
all  sides  that  if  we  had  title  by  discovery  only,  the 
49th  degree  of  latitude  would  be  the  fair  line  of 
separation  between  ua.  I  have  heard  no  one  an- 
nounce, nor  can  it  be  said  with  reason  or  truth, 
that,  independent  of  our  Spanish  title,  we  own  the 
whole.  But  we  invoke  the  aid  of  our  Spanish  title 
to  overreach  the  title  of  Great  Britain  by  discovery 
of  Frazer's  river,  and  her  possession  consequent 


I    • 


oil  fiiirh  (lisrovrry.     Tier  rights  to  tin's  river  and 
the  country  driined  \>y  its  wati-rs,  tirf!  prcrisily 
Nudi  aH  w«;  possesH  in  u-^ard  to  tin;  (yoluniliia  and 
tin; country  drained  l)y  it;  umIinh  wc  can  defeat  her 
right  with  the  tith-  of  Spain,  wiiii  li  we  now  poss<'S.s. 
It  is  Nuid  tliat  the  Kpanish  title  i.s  ohier  in  point  of 
lime,  as  Spain  firnt  discovered  thin  territory  and 
nctutdiy  took  possesHion  of  it;  and,  heiii^;  older,  it  i 
i.s  therefore  superior.     I  may  well  admit  that  the  j 
Spanish  title  is  ohier  than  the  title  itf  (ireat  Brit- 
ain, and  wo  have  it;  hiit  this  .itie  is  siilijei  t,  in  our  ■ 
hands,  to  all  the  conditions  and  uli  encumbramcs 
imposed  on  ''.  .ly  the  act  of  Spain  hefore  she  passed  , 
it  to  uh;  and  hefore  we  can  override    the   title  of  ■ 
Great  Britiiin  with  this  our  Spanish  title,  we  must  ] 
ace  that  Spain  had  imposed  no  conditions  or  encum-  j 
brances  on  this  title.     For  snnpo.se  the  owner  in 
fee  first  mortf^a^e  his  estate  am!  then  .sell  to  another  i 
in  fee:  the  purchaser  in  fee  titkes  the  estate  subje(;t  j 
o  the  mortgage,  subject  to  this  act   prior  to  the 
sale  in  fee.     Thii.s,  too,  we  hold  the  title  of  Spain, 
.subject  to  all  her  act.s  done  in  relation  to  the  title 
before  we  acquired  it.     And  this  brings  us  to  look 
into  the  Nootka  Sound  convention  of  1700. 

But  it  is  said  that  liie  war  between  Great  Britain 
and  Spain  in  1796  annulled  and  abrojj^alcd  this 
treaty.  This,  Mr.  Chairman,  i.s  a  proposition 
which  strikes  me  a.s  a  novel  ai^l  remarkable  (tne. 

Treaties,  if  I  understand  them,  may  be  fulfilled 
perfectly  and  completely  on  the  act  of  signing^  and 
approval,  or  they  may  be  (if  I  may  be  allowed  the 
definition)  continuing  in  their  character — that  is, 
to  be  Ailfiiled  from  time  to  time  as  occasion  may 
require;  as,  for  instance,  commercial  treaties,  whicli 
may  stipulate  that  certain  goods  shall  pay  certain 
duties  as  they  may  be  unported,  or  that  a  com- 
mercial vessel  shall  salute  a  man-of-war,  &.C.;  or 
they  may  be  compounded  of  the  two — one  clause 
may  contain  a  perfect  grant  of  land,  another  clause 
may  contain  a  commercial  regulation.  But  I  ask, 
if  a  perfect  vested  right  in  land  be  conv,;ved  by  a 
treaty  of  this  compound  character,  if  a  subseciuent 
war  would  divest  this  perfect  and  absolute  right? 
If  so,  my  friend  from  Missouri  should  (renible  at 
the  idea  of  war  with  France,  for  a  declaration  of 
war  would  make  him  a  French  subject.  I  would 
tremble  at  a  war  with  Spain,  for  I  should  thereby 
become  a  subject  of  the  Span'sli  crown.  It  is  seen 
at  once  that  such  a  proposition  is  ab.surd.  It  is 
now  necessary  to  inquire  into  the  JNootka  Sound 
convention;  tne  3d  article  is  as  follows: 

"In  order  to  strengthen  the  bonds  of  friendship, 
'  and  preserve  in  future  a  perfect  harmony  and  good 
'  understanding  between  the  two  contracting  par- 
'  ties,  it  is  agreed,  that  their  respective  subjects 
'  .shall  not  be  disturbed  or  molested,  either  in  navi- 
•  gating  or  carrying  on  their  fisheries  in  the  Pacific  ]  1 
'  ocean  or  in  the  South  seas,  or  in  landing  on  the 
'  coasts  of  said  .seas  in  places  not  already  occupied, 
'  for  the  purpose  of  carrying  on  their  commerce,  or 
'  of  making  settlements  there  ;  the  whole  subject, 
'  nevertheless,  to  the  following  restrictions  speci- 
'  fied  in  the  three  following  articles,"  &c. 

"  Or  of  making  settlemunis."  Note  this. 
Permit  me  to  ask,  what  has  divested  England  of 
this  right  to  make  settlements  under  this  conven- 
tion .'  and  why  is  not  the  Spanish  title  now  charged 
with  this  encumbrance  as  it  was  in  1790 .''  Why,  I 
ask,  is  it  not  charged  with  the  right  in  England  to 
make  settlements  ii»  luiy  pait  of  the  Oregon  territory.' 


In  the  exerci.se  of  this  right,  her  citizens  have 
gdin'  there  and  erectinl  their  homes.  When  were 
tliey  bound  to  depart?  When  they  had  made  settle- 
ments, (Old  eonsecratf'd  llit!  soil  as  ilieir  homes,  with- 
out any  restriction  (tr  limitation  as  to  time — on 
what  prinei|il(s  of  law  can  tliey  be  cinnpellcd  to 
abandon  their  linnies  or  sum  niler  tiies.iii'  But 
the  gentleman  from  Indiuna  [Mr.  OuknJ  eanie  ii> 
the  eonehision  that  iherf;  was  a  n  sirivtion  on  this 
right  contaimd  in  the  .'M  article,  to  be  found  in  the 
olii  article.  I  will  now  call  the  attention  of  the 
committee  to  these,  restrictions.  The  first  restric- 
tion is  contained  in  the  4lh  article,  whiili  reads  an 
Coilows; 

"I  lis  Britannic  Majesty  cngiiges  to  take  the  most 
'  etl'ectunl  measures  to  prevent  the  navigation  and 
'  fishery  of  his  subjects  in  the  Pacific  ocean  or  in 
'  the  South  sens  from  being  made  a  pretext  for 
'illicit  trade  with  the  Spanish  settlements;  and 
'  with  this  view  it  is  morcoviir  stipulated,  that  the 
'  British  subj(!cts  shall  not  navigate  and  curry  on 
'  tlieir  fishery  in  .faid  seas  within  the  space  of  ten 
'sea  leatrues  from  any  part  of  the  coast  already 
'  occupied  by  Spain." 

This,  Mr.  Chairman,  is  the  first  restrietiin. 
Does  this  restriction  go  to  negative  or  conti'ol  the 
right  of  Kni;:lisli  subjects  to  make  settlements  on 
any  pnrt  of  the  territory  not  occupied  by  Spain  ? 
It  is  suflicient  merely  to  say  it  does  not. 

But  it  is  supposed  that  the  .'jtli  article  controls 
this  right;  but  the  construction  I  put  on  it  is  entire- 
ly different.     The  article  is  as  follows: 

"As  well  in  the  places  to  be  restored  to  the  Brit- 
'  i.sh  subjects  by  virtue  of  the  1st  article,  as  in  all 
'  other  parts  of*  the  northwestern  coasts  of  North 
'  Anioriea,  as  well  as  the  islands  adjacent,  situate  to 
'  the  north  of  the  parts  of  .said  coast  already  occu- 
'  ]iied  by  Spain,  wherever  the  subjects  of  either  of 
'  the  two  Powers  r-hall  have  made  settlements  since 
'  the  month  of  April,  1789,  or  shall  hereafter  make 
'  any,  the  .subjects  of  the  other  shall  have  free  ac- 
'  cess,  and  shall  carry  on  their  trade  without  any 
'  disturbance  or  molestation." 

This  article,  Mr.  Chairman,  so  far  from  being  a 
n  siriciit)ii  on  the  ,3d  article,  is  simply  an  enlarge- 
ment of  the  4th.  The  4th  article  is;  You  vthe  Brit- 
ish) shall  not  trade  with  the  Spanish  subjects.  The 
.'ilh  article  is:  You  may  trade  with  the  Spanish  sub- 
jects ill  those  settlements  hereafter  made  by  the 
Spaniards  north  of  their  jiresent  settlements.  It  is, 
therefore,  simply  an  enlargement  of  the  restriction 
contained  in  the  4th  article.  If  this  be  the  right 
construction,  the  right  to  make  settlements  is  unre- 
strained; and  I  ask,  if  the  British  subjects  had  the 
right  to  settle  any  part  of  the  territory  not  previous- 
"y  occupied,  and  there  make  their  permanent  homes 
without  anything  being  said  as  to  the  time  when 
they  should  abiiiuhm  them, — I  ask — in  the  name 
of  common  sense,  I  appeal  to  all  who  have  some 
idea  of  the  legal  ell'ect  of  treaties — what  influence 
can  a  war  have  on  this  right  ? 

Am  I  to  be  told  at  tli's  day,  and  are  we  to  sanc- 
tion the  doctrine,  that  when  nations  enter  into  a 
contract,  which  has  been  executed,  and  rights  vest- 
ed in  perjietuity  under  the  contract,  that  a  sub- 
sequent war  will  divest  those  rights — annul  this 
contract?  If  so,  it  is  a  new  era  in  the  history  of 
international  law;  a  new  doctrine,  which  would 
be  lound  tc  be  destructive  of  the  best  interests  of 


us 


;t 


itizcns  Imvc 

i;ii|  made  snttl,;. 
'irliniM('.s,  with- 
''•'<  to  tinu; — oil 
e  <'iiiii|)<H(,.(|  to 

)wE\J  caiMP  to 
ri^'tioii  oil  ilij,^ 
"•  IniiiKj  in  (In; 
III  iition  of  till! 
'Ik'  (ii'.st  rcstiMc- 
wliirli  roads  tm 

U)  Utkc  t ho  most 
n.'iv illation  and 
ifif  ocean  or  in 

a  pretext  for 
ileinnnts;  and 

iitpd,  that  the 
'c  iind  rurry  on 
>e  space  of  (en 

coast  already 

rst  rrstrictiin. 
■  or  eontrol  the 

settlements  on 
piod  hy  Spain  ? 

not. 

nitiele  controls 
"  "n  it  i3  eiitire- 
\vs: 

ircd  to  tlie  Drit- 
:irticle,  as  in  all 
"oasLs  of  North 
;iceiit,  situate  to 
it  ah-eadv  occu- 
~cts  of  citlicr  of 
ttlcments  shico 
hereafter  mako 
II  have  free  ao 
lo  without  any 

ir  from  beincf  a 
ply  an  enlarfje- 
You  vthe  Brit- 
subjeeta.  The 
le Spanish  sub- 
•  made  by  the 
ements.    It  is, 
the  restriction 
is  be  the  rijjht 
ments  is  unre- 
bjects  liad  the 
'  notprevious- 
manenthomea 
the  time  wiien 
-in   tiic  name 
ho  Jiave  some 
v'hat  influence 

I'c  wc  to  sanc- 
1  enter  into  a 
lid  rights  vest- 
t,  that  a  sub- 
i — annul  this 
he  history  of 
whicl)  would 
It  interosta  of 


nations.     No  such  doctrine  can  be  maintained  here 
or  anywiicre  else. 

We  hold,  llicn,  Mr.  Chairman,  the  Spanish 
tiile,  if  fjcntlenien  .-oe  fit  to  rely  on  it,  but  rhnrf^'ed 
wiili  tiie  rii,'ht  of  the  I'irilisli  Ciovcriiment,  to  wit: 
that  their  sulijects  may  make  settlements  in  the  ter- 
ritory ill  places  not  already  occujiied,  and  there 
erei't' their  homes.  Tliis  Sjianish  title  is  (barged 
with  this  light.  I»iit  whether  we  claim  by  the 
oiii.'  title  or  by  the  other,  or  by  both,  the  Govern- 
ment of  Great  Britain  has  rights  in  the  territory, 
niid  we  wish  to  make  a  division  of  the  soil.  We 
arc  no  longer  willing  to  remain  in  joint  occupancy, 
nor  can  we  assert  title  to  the  \\  hole  territory.  I 
am  willing  to  assert  for  my  constituents,  and  for 
the  American  people,  every  right  that  belongs  to 
thein;  but  no  power  on  earth  can  make  me  assert 
claims  to  rights,  when  those  are  negatived  by  con- 
tract and  by  law.  Nor  will  1  advocate  the  doc- 
triiK'  th;it  we  must  seize  upon  territory  contrary  to 
treaty  ."stipulalioiia,  contrary  to  the  laws  of  nations, 
merely  beiuiuse  we  wish  to  ajipropriatc  it  to  our 
use. 

Now  for  the  division  line.  The  49lh  degree 
seems  to  me  to  be  equitable  and  just.  I  think  we 
have  commilted  rmrselves  to  this  line:  we  have  of- 
fered it  once,  twice — nay,  three  times.  By  thesi; 
oilers,  we  have  admitted  Engltind  had  claims. 
With  what  faith,  I  ask,  can  we  now  assert  title  to 
the  whole?  Can  wc,  then,  go  for  this  resolution, 
without  even  qualifying  it,  to  .show  that  Great  Brit- 
ain lias  rights  which  are  the  subject  of  negotiation.' 
It  has  been  asserted  by  the  Executive  that  our  title 
to  the  whole  is  jjerfect.  In  this,  I  am  conipelled 
to  difftr  with  him.  I  cannot  shut  my  eyes  to  the 
rights  adverse  to  our  own. 

Mr.  Chairman,  I  would  prefer  a  resolution  giving 
the  notice,  with  a  distinct  assertion  of  the  extent 
of  our  rights;  that  is,  that  we  will  never  yield  any 
portion  of  the  territory  south  of  latitude  49.  If  we 
would  do  this,  depend  on  it  England  would  not  go 
to  war  for  any  territory  south  of  that  line.  Our 
riy;lit  to  it  is  best.  I  would  never  yield  one  foot 
south  of  it,  be  the  consequences  what  they  may, 
but  for  us  to  assert  our  title  to  the  whole — to  pre- 
pare our.selvcs  to  maintain  this  title — will  produce 
war  beyond  all  jiossible  doubt.  And  although  I 
will  not  undertake  to  describe  the  horrors  of  war, 
let  me  say,  if  a  conllic*  ensues,  the  whole  civilizi  d 
world  will  feel  the  .shock.  I  trust  in  tlie  name  of 
God  that  this  country  will  never  be  involved  in  a 
war  by  asserting  title  to  that  which  is  not  ours; 
and  I  trust  we  will  never  fear  to  assert  title  to  our 
own.  Nor  will  the  assertion.s  of  title  to  that  which 
is  clearly  ours  ever  involve  us  in  a  war  with  any 
nali(>n;  or  if  it  does,  it  will  not  be  a  war  of  aggres- 
sion; it  will  be  one  of  right,  our  quarrel  will  be 
just,  and  we  should  have  nothing  to  fear  from  Eng- 
land or  from  the  world. 

I  Hc.c  the  necessity  of  giving  notice  to  determine 
this  convention,  to  prevent  bloodshed;  but  let  us 
accompmiy  it  with  a  clear  and  distinct  declaration 
as  to  the  extent  of  our  rights.  We  would  not 
yield  our  rights  to  England,  will  she  yield  hers  to 
us?  Although  I  believe  the  Executive  thinks  our 
right  to  the  whole  perfect,  for  he  has  so  said,  I 
cannot  agree  with  him;  the  conduct  of  our  Gov- 
ernment is  opposed  to  his  views — the  rights  of  dis- 
covery and  the  construction  of  treaties  oppose  his 
views.     His  opinions,  however,  will  have  a  pow- 


erful cflV.ct  on  the  public  mind;  we  should  check 
it;  we  should  show  to  our  ftillow-citizeiis  the  ex- 
tent of  their  rights,  and  I  would  with  |)leusiire  go 
for  the  notice  with  this  declaration  of  tde  extent  of 
our  rights. 

Mr.  Chairman,  I  would  oven  go  fir  a  notice 
that  would.admit  that  Great  Britain  bad  a  inter- 
est ill  the  territory  the  subject-iiuitti  r  of  nei^otia- 
tion,  for  this  would  be  to  disabuse  the  public  mind. 
It  would  be  tantamo'.int  to  sayini;  Gnat  Britain 
has  interest  in  Oregon;  but  to  deny  that  she  has, 
and  so  to  teacii  the  |mblic  that  ail  is  ours,  must, 
beyond  all  doubt,  producf-  war.  True  it  is,  that 
the  giving  of  this  notice  is  the  exercise  of  a  mere 
conventional  right,  and  within  itself  not  a  cause  of 
war;  but  he  is  not  entitled  to  the  name  of  a  pru- 
dent counsellor  who  will  exerci.se  this  right  merely 
because  he  niav  do  so,  witliout  regard  to  the  con- 
sequences. We  should  look  to  the  consetiuences. 
Give  the  notice  in  this  simple,  unqualified  form, 
and  the  question  must  then  be  settled,  either  by 
negotiation  or  by  the  sword.  The  President  says 
negotiation  is  ended — that  it  cannot  be  so  settled. 
Then  the  only  ul'ernaiive  left  is  war;  a  war,  too, 
under  the  assertion  of  title  to  the  whole.  We 
could  not  be  justified  before  mankind;  we  could 
not  elicit  their  sympathies;  we  should  be  consider- 
ed the  a^'-gressors.  But  let  us  declare,  and  declare 
truly,  the  extent  of  our  rights.  Our  title  is  before 
the  world,  the  title  of  England  before  them — and 
we  should  be  sustained  by  the  nations  of  the  earth. 
England  herself,  seeing  that  we  claimed  nothing 
but  that  which  is  our  own,  would  yield  to  our 
claim  without  resort  to  arms.  The  ((ueslion  is  one 
of  moment;  the  lives  of  thousands  depend,  or  may 
depend,  u])on  our  action.  Let  us  not  act  rashly, 
nor  hazard  the  lives  of  our  fellow-beings  in  assert- 
ing a  doubtful  title;  yea,  in  asserting  a  title  to  the 
whole,  when,  beyond  all  doubt,  we  have  no  ex- 
clusive tide.  But  should  we  give  this  notice,  with 
a  view  to  settle  the  question  by  negotiation,  by  as- 
serting title  only  to  that  which  is  ours,  or  by  ad- 
mitting that  Great  Britain  had  interests  which  were 
the  subject  of  compromise,  and  she  should  refuse 
to  negotiate,  and  allow  us  our  rights,  the  resjion- 
sibility,  yea,  the  evils  of  the  war  would  be  hers. 
But  let  us  claim  only  our  rights,  and  there  will  be 
no  danger  of  war,  or  of  its  horrors. 

I  see,  Mr.  Chairman,  I  have  a  few  minutes  more. 
I  will  reply  to  one  sugi^estion  I  have  lieard  express- 
ed, "  that'the  tree  of  liberty  flcmrishcd  best  when 
moistened  with  blood."  This  is  not  the  tree  of  lib- 
erty I  admire;  and  when  the  tree  of  liberty  ]»lant- 
cd  by  our  fathers  requires  the  blood  of  tlieir  de- 
scendants to  give  it  nourishment,  I  say,  cut  it  down, 
tear  it  up  by  the  roots,  and  cast  it  from  us.  But, 
Mr.  Chairman,  the  tree  of  liberty  I  admire  flour- 
ishes best  in  peace;  yea,  when  the  rights  of  all 
arc  regiu'ded  and  respected,  then  will  its  boughs 
extend  and  give  protection  to  all,  and  under  it  all 
will  be  content — all  happy.  To  protect  this,  sir,  I 
would  say,  let  blood  be  shed:  nor  should  the  ruth- 
less hand  of  tyranny  pluck  one  bough  from  the 
trunk.  Permit  me  to  say,  that  my  constituents 
would  freely  shed  their  blood  ere  this  tree  should 
be  injured.  I  will  not  pass  any  encomiums  on  my 
constituents,  nor  speak  of  their  martial  spirit. 
But  if  a  war  should  come,  let  it  come  as  it  will. 
For  good,  suflicicnt,  or  insufficient  cause,  I  do  not 
think  we  shall  nsk  to  borrow  fortitude  of  our  friends 


I 


win?„r!.^n^  I  iti  misfortune..  No,  «,r,  we  and  •till  they  stand  and  east  ti.crr.  nark  on  her  own 
will  gather  on  our  beach,  bes.d^  our  native  rocks,  bosom.  So  would  we  stand  and  drive  back  Z 
asmnst  which  the  mad  waves  of '.old  Ocean "  foes,  and  make  them  seek  the  quie  of  their  Z- 
httve  beat  for  agea  past  without  impression  made,  I  sions  in  their  own  homes  ^  ^ 


'M 


I 


\rk  on  her  own 
Irive  bark  our 
St  of  their  paa- 


